Details
Your next litigation could well involve trade secrets, copyright claims and patents. While these IP doctrines all evolved independently, recent developments have pushed parties – especially in cases involving software – to pursue multiple theories in a single case. This increases complexity and rewards parties that know each field particularly well, in order to exploit their inconsistencies and contradictions.
This webinar addresses the increasingly popular field of combination litigation and gives practical tips for both plaintiffs and defendants litigating these disputes, including:
- the pluses and minuses of overlapping IP protection;
- an overview of recent cases on the eve of the Supreme Court’s decision in Google v Oracle;
- the impact of overlapping IP claims on forum choice;
- the implications of public disclosures on claiming and attacking trade secret protection;
- how to reconcile theories advanced in parallel patent and trade secret causes of action; and
- key offensive and defensive strategies that parties can and should apply in combination litigation.
Speakers
Stephen Smith
Partner, Cooley LLP
Steve Smith is the chair of Cooley's nationally recognised IP litigation practice that Chambers and AmLaw described as a talented group of next generation lawyers with “[p]owerful trial and USPTO” experience. He brings over 25 years of first chair trial experience as a private practice and government litigator. Steve has tried a number of high–profile and complex disputes to verdict in numerous district courts and administrative bodies, such as the US International Trade Commission and the Patent and Trials Appeal Board, as well as successfully litigated and argued appeals in various appellate courts. He is currently an adjunct professor at George Mason University, where he teaches a course on patent law. Steve holds a JD from George Washington University Law School.
Adam Gershenson
Partner, Cooley LLP
Adam Gershenson is an established courtroom lawyer who helps companies win trade secret disputes, class actions and complex cases. At trial and on appeal, he has successfully represented clients in bet-the-company matters involving unfair competition, false advertising, patents, trademarks and trade secrets. In his appellate practice, Adam has represented clients at the US Supreme Court, multiple state Supreme Courts and circuit courts including the Federal Circuit. He has also secured significant victories in cases concerning breaches of contract and constitutional rights, including high-stakes disputes involving the First Amendment. Adam is the newly elected chair of the American Bar Association (ABA) IPL Trial and Appellate Procedure Committee. He is also co-chair of the ABA Joint Task Force on Model Trade Secret Practice. Adam holds a JD from Harvard Law School.
Sarah Moore
Associate, Cooley LLP
Sarah Moore is an IP litigator with an emphasis on patent, trade secret and copyright litigation. She has litigated cases, including competitor cases, from inception to trial for major technology companies that boast cutting-edge technology in the areas of social networking, messaging, data centre and server design, ITSM, gaming, smart phones, vehicle remote start technologies and military technology. Sarah also regularly presents on IP litigation ethics topics. Sarah holds a JD from Santa Clara University School of Law.
Liz Trafton
Associate, Cooley LLP
Liz Trafton focuses her practice on commercial disputes, including breach of contract, employment and misappropriation of trade secret litigations. She has secured significant victories in cases concerning trade secret misappropriation, inventorship disputes and unfair competition. Liz is a member of the ABA Joint Task Force on Model Trade Secret Practice. She also co-wrote a series of articles that foreshadowed the passage of the new, federal Defend Trade Secrets Act, and described the act's real-world implications for companies seeking to protect – and enforce – their trade secret rights. Liz holds a JD from Boston College Law School.
